by Julie Kelly at Declassified with Julie Kelly
In three separate motions filed on Monday evening, Donald Trump’s lawyers argued that Special Counsel Jack Smith’s case against the former president related to the events of January 6 should be dropped.
Smith indicted Trump in August for attempting to “overturn” the 2020 election by “spread[ing] lies” about election fraud and “creat[ing] an intense national atmosphere of mistrust and anger.” Judge Tanya S. Chutkan, a Democrat appointed by Barack Obama, is overseeing the case and set a March 2024 trial date; last week, Chutkan issued a broad gag order prohibiting Trump from making public statements about a number of parties including potential government witnesses and Smith himself. After Trump’s legal team filed a notice of appeal, Chutkan temporarily lifted her own order.
There is no love lost between both sides and the judge. Chutkan scolded John Lauro, Trump’s lead attorney in the January 6 case, numerous times during the October 16 hearing in her Washington courtroom to debate Smith’s proposed gag order. At one point, she admonished Lauro for giving a “campaign” speech while at times raising her voice and pointing her finger at him.
More fireworks can be expected in the near future over Trump’s motions to dismiss the case based on three challenges: selective and vindictive prosecution; statutory grounds; and constitutional grounds. (Smith also indicted Trump in June in the Southern District of Florida for mishandling national defense information and obstructing the investigation.)